Affiché dans votre langue en traduction automatique, en attente de relecture par un locuteur natif. Les résumés des lois et l'original en anglais restent la source de référence.
The three systems, in one sentence each
Strict per stirpes — the division always begins at the children’s generation, one share per child living or deceased with descendants living; a deceased child’s share splits among that child’s own descendants. Tennessee’s statutory method where representation is called for (Tenn. Code Ann. §§ 31-2-104(b)(1), 31-2-106).
Per capita with representation — divide at the nearest generation with a surviving member: one share for each survivor there and for each deceased member who left descendants; a deceased member’s share passes down to that member’s own descendants. Not Tennessee’s statutory default; a trust that wants it says so in its own words.
Per capita at each generation — divide at the nearest generation with survivors; the deceased members’ shares are combined and divided equally among the next generation’s takers, so equally-near relatives take equally. Not Tennessee’s statutory default; a trust that wants it says so in its own words.
The same family tree can come out differently under different governing words — which is why the instrument controls. Tennessee’s intestacy statute reaches a trust only where the trust itself sends property to a person’s heirs or issue without saying how to divide it; a trust may define its own scheme or name alternate takers, and reading a particular instrument against the statute is licensed-attorney work. A surviving spouse takes the entire intestate estate where no issue survives, and otherwise the greater of one-third or a child’s share (Tenn. Code Ann. § 31-2-104(a)). Tennessee also gives a surviving spouse an elective share measured by the length of the marriage — 10, 20, 30 or 40 percent of the net estate (Tenn. Code Ann. § 31-4-101(a)) — with a petition filed within nine months after the death (Tenn. Code Ann. § 31-4-102(a)); the amount is reduced by what passed to the spouse from the decedent’s gross estate (Tenn. Code Ann. § 31-4-101(c)) — questions this page explains and the calculator does not compute.
Try the arithmetic yourself
Model a family shape — who is living, who left children — and see each system’s exact split. Two generations (children and grandchildren); this is the math of each rule, not a suggestion of which to use.
Child 1
Child 2
- Grandchild 2.1
Child 3
- Grandchild 3.1
- Grandchild 3.2
| Person | Strict per stirpes (TN default) | Per capita w/ representation | UPC per capita at each generation |
|---|---|---|---|
| Child 1 | 1/3 (33.3%) | 1/3 (33.3%) | 1/3 (33.3%) |
| Grandchild 2.1 | 1/3 (33.3%) | 1/3 (33.3%) | 2/9 (22.2%) |
| Grandchild 3.1 | 1/6 (16.7%) | 1/6 (16.7%) | 2/9 (22.2%) |
| Grandchild 3.2 | 1/6 (16.7%) | 1/6 (16.7%) | 2/9 (22.2%) |
Arithmetic only — the exact fractions each rule produces for the shape you modeled, with Tennessee’s default labeled as the per stirpes division Tenn. Code Ann. §§ 31-2-104(b)(1) and 31-2-106 provide where representation is called for. The spouse’s intestate share and the elective share are explained, not computed. Not advice, and never a statement of which rule YOUR trust uses — the instrument’s own words decide that, and reading them is licensed-attorney work.
Le Centre d'apprentissage est de l'information générale sur la loi du Tennessee — pas un avis juridique, ni un substitut aux conseils d'un avocat du Tennessee agréé sur vos faits précis. TrusteeClear est un logiciel, pas un cabinet.